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									                                     a m e r i ca’ s p l a n c h a p t e r 1 6

         chapter 16

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Safety and Security are vital to america’S proSperity. Broadband can help public safety
personnel prevent emergencies and respond swiftly when they occur. Broadband can also pro-
vide the public with new ways of calling for help and receiving emergency information.
A cutting-edge public safety communications system uses               Finally, well-structured and well-protected broadband
broadband technologies:                                            networks could reduce threats to Internet-based applications.
➤ To allow first responders anywhere in the nation to send         The proliferation of Internet Protocol (IP)-based communica-
   and receive critical voice, video and data to save lives, re-   tions requires stronger cybersecurity. Disasters and pandemics
   duce injuries and prevent acts of crime and terror.             can lead to sudden disruptions of normal IP traffic flows. As a
➤ To ensure all Americans can access emergency services            result, broadband communications networks must be held to
   quickly and send and receive vital information, regardless      high standards of reliability, resiliency and security.
   of how it is transmitted.                                          The recommendations in this chapter are designed to realize
➤ To revolutionize the way Americans are notified about            this vision.
   emergencies and disasters so they receive information vital
   to their safety.
➤ To reduce threats to e-commerce and other Internet-based         RECOMMENDATIONS
   applications by ensuring the security of the nation’s broad-
   band networks.                                                  Promote public safety wireless broadband communications
                                                                   ➤ Create a nationwide interoperable public safety wireless
    Unfortunately, the United States has not yet realized the        broadband communications network (public safety broad-
potential of broadband to enhance public safety. Today, first        band network).
responders from different jurisdictions and agencies often can-    ➤ Survey public safety broadband wireless infrastructure
not communicate during emergencies. Emergency 911 systems            and devices.
still operate on circuit-switched networks. Similarly, federal,    ➤ Ensure that broadband satellite service is a part of any
Tribal, state and local governments use outdated alerting sys-       emergency preparedness program.
tems to inform the public during emergencies.                      ➤ Preserve broadband communications during emergencies.
    The United States also faces threats to the resiliency
and cybersecurity of its networks. As the world moves on-          Promote cybersecurity and the protection of critical
line, America’s digital borders are not nearly as secure as its    broadband infrastructure
physical borders.                                                  ➤ The Federal Communications Commission (FCC) should
    The country must do better. In a broadband world, there is a     issue a cybersecurity roadmap.
unique opportunity to achieve a comprehensive vision for en-       ➤ The FCC should expand its outage reporting requirements
hancing the safety and security of the American people. Careful      to broadband service providers.
planning and strong commitment could create a cutting-edge         ➤ The FCC should create a voluntary cybersecurity certifica-
public safety communications system to allow first responders        tion regime.
anywhere in the nation to communicate with each other, send-       ➤ The FCC and the Department of Homeland Security (DHS)
ing and receiving critical voice, video and data to save lives,      should create a cybersecurity information reporting system
reduce injuries and prevent acts of crime and terror.                (CIRS).
    Broadband can also make 911 and emergency alert systems        ➤ The FCC should expand its international participation and
more capable, allowing for better protection of lives and prop-      outreach.
erty. For example, with broadband, 911 call centers (also known    ➤ The FCC should explore network resilience and
as public safety answering points or PSAPs) could receive text,      preparedness.
pictures and videos from the public and relay them to first        ➤ The FCC and the National Communications System (NCS)
responders. Similarly, the government could use broadband            should create priority network access and routing for
networks to disseminate vital information to the public during       broadband communications.
emergencies in multiple formats and languages.                     ➤ The FCC should explore broadband communications’ reli-
                                                                     ability and resiliency.

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Encourage innovation in the development and deployment                    ➤ ensure there is a mechanism in place to promote in-
of Next Generation 911 (NG 911) networks and emergency                      teroperability and operability of the network.
alert systems                                                             ➤ establish a funding mechanism to ensure the network is
➤ The National Highway Traffic Safety Administration                        deployed throughout the united states and has neces-
  (NHTSA) should prepare a report to identify the costs of                  sary coverage, resiliency and redundancy.
  deploying a nationwide NG 911 system and recommend that                 ➤ conform existing programs to operate with the public
  Congress consider providing public funding.                               safety broadband network.
➤ Congress should consider enacting a federal regulatory
  framework.                                                                 The country has long recognized the potential for broad-
➤ The FCC should address IP-based communications devices,                 band technologies to revolutionize emergency response
  applications and services.                                              wireless mobile communications. This technology will give
➤ The FCC should launch comprehensive next-generation                     first responders new tools to save American lives. The coun-
  alert system inquiry.                                                   try needs a public safety broadband network that allows first
➤ The Executive Branch should clarify agency roles on the                 responders to communicate with one another. A three-pronged
  implementation and maintenance of a next-generation                     approach will allow the speedy deployment, operation and
  alert and warning system.                                               continued evolution of such a network.
                                                                             First, an administrative system must ensure that users of
                                                                          the public safety broadband spectrum have the capacity and
16.1 PROMOTINg                                                            service they require for their network and can leverage com-
                                                                          mercial technologies to capture economies of scale and scope.
PublIC SAfETy                                                             There are significant benefits, including cost efficiencies and
                                                                          improved technological advancement, if the public safety
WIRElESS bROADbAND                                                        community can increasingly use applications and devices
                                                                          developed for commercial wireless broadband networks.
COMMuNICATIONS                                                            Ultimately, this system must be flexible, allowing public safety
                                                                          entities to forge incentive-based partnerships with commercial
REcommENdatioN 16.1: create a public safety broadband                     operators and others.1
network.                                                                     This system will allow the public safety community to real-
➤ create an administrative system that ensures access to                  ize the benefits of commercial technologies, which will reduce
   sufficient capacity on a day-to-day and emergency basis.               costs and ensure the network evolves. However, leveraging

Exhibit 16-A :
Public Safety
Broadband Network

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commercial broadband will not be sufficient to develop a truly     support to local efforts in order to fund the capital and ongo-
interoperable nationwide network that meets public safety          ing costs of the public safety broadband network. The grant
standards. To ensure the necessary resiliency, capacity and re-    program must provide public safety network operators with
dundancy, the public safety community should be able to roam       long-term support and enough flexibility to form appropriate
and obtain priority access on other commercial broadband           partnerships with systems integrators and other vendors to en-
networks. Commercial operators will need to be compensated         sure the public safety broadband network is deployed properly.
at a reasonable rate for this service.
    Past efforts to create a public safety narrowband interoper-   administrative System
able voice network have failed. Data suggest that many public      In 1997, Congress directed the FCC to provide public safety
safety radio systems lack basic interoperability. They also sug-   agencies with spectrum in the 700 MHz band, considered
gest that most jurisdictions that have improved their systems      prime spectrum for public safety communication. In 2007,
still only have an “intermediate” level of interoperability at     the FCC adopted rules to promote the construction, deploy-
best—not the advanced level of interoperability that is required   ment and operation of a nationwide and seamless wireless 700
for truly seamless communications in the event of a major          MHz public safety broadband network4 by creating a manda-
emergency.2 The public safety broadband network offers a new       tory partnership between the public safety community and the
opportunity to achieve advanced interoperability now.              private licensee of a 700 MHz commercial spectrum allocation
    In addition to a strong administrative system, the FCC         known as the “D block.” The FCC subsequently held an auction
should also create an Emergency Response Interoperability          in which the D block spectrum failed to attract a required mini-
Center (ERIC) to ensure that these applications, devices and       mum bid. There are many possible reasons for this failure.5
networks all work together, so that first responders nationwide       The FCC should overcome past challenges by encouraging,
can communicate with one another seamlessly. In addition,          though not requiring, incentive-based partnerships to ensure
the Federal Emergency Management Agency (FEMA) should              success. The FCC should encourage network solutions that
undertake a survey to track progress on broadband interopera-      reduce costs and should provide options for the public safety
bility for the public safety community. ERIC will set the course   community to leverage commercial networks, private networks
for interoperability immediately and ensure it is maintained.      or both.6 These rules should also provide the public safety
Focusing on interoperability from the beginning should help        community with more competitive choice among commercial
the public safety broadband network to overcome the difficul-      partners. In addition, once the new network is able to sup-
ties faced by other earlier voice efforts.                         port “mission critical” voice communications, the FCC should
    Finally, a grant program will be designed to provide federal   evaluate the spectrum requirements necessary to ensure
                                                                   adequate capacity for that use, as well as for existing networks.
BoX 16-1:
                                                                   Ultimately, a more flexible set of rules should allow a better
                                                                   balance between the needs of the public safety community and
Realizing the Promise of         chest or wrist can detect vital   the companies that will partner to build this network.
Broadband to Improve             signs and wirelessly transmit
                                                                      In more detail, this administrative system should include:
Emergency Medical                this information to Dr. Katz
                                                                   ➤ An opportunity to enter flexible spectrum-sharing partner-
Response                         over GWU’s mVisum network.
                                                                       ships with commercial operators. The public safety com-
    Cardiologist Richard Katz    He can receive electrocardio-
                                                                       munity must be able to partner with commercial operators
knows the life-saving poten-     grams of “pristine” quality
                                                                       and others (such as systems integrators) to lower the costs
tial of broadband. During an     on his cell phone. And he
                                                                       of building the network and encourage its evolution. Unlike
FCC field hearing at George-     can use his phone to access
town University Medical Cen-     patient medical records and           the previous approach that focused solely on the D block,
ter, the George Washington       disseminate emergency mes-            an incentive-based partnership model that addresses not
University (GWU) professor       sages and alerts. In short,           just the D block, but commercial wireless spectrum more
of medicine vividly detailed     broadband technologies allow          broadly, will provide enhanced flexibility and the benefits
how wireless broadband           Dr. Katz to integrate aspects         of economies of scale. Such partnerships should be subject
technologies can help him        of medical care, improving            to interoperability requirements set forth by ERIC. Public
provide emergency medical        his ability to offer assistance       safety licensees should also be able to allow non-public safety
care. A “smart band-aid” at-     during a disaster or other            partners to use their spectrum on a secondary basis—that can
tached to an accident victim’s   emergency.                            be preempted—through leasing or similar mechanisms. Part-
                                                                       ners could include critical infrastructure users such as utili-
                                                                       ties connecting to the Smart Grid.7 However, any revenues

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   received by a public safety entity for such use must be used to           potential users and allow public safety entities to ben-
   build or improve the public safety broadband network.                     efit from commercial economies of scale that otherwise
➤ Public safety access to roaming and priority access on com-                would not exist. Before the D block is auctioned, it must
   mercial networks. To improve the capacity of public safety                be clear that any D block licensee(s) will be required to
   networks during emergencies, the FCC should begin a rule-                 provide roaming and WPS-like priority access with reason-
   making to require commercial mobile radio service provid-                 able compensation.
   ers to give public safety users the ability to roam on com-                  Second, it is critical to develop commercial devices that
   mercial networks in 700 MHz and potentially other bands.                 can operate across 3GPP Band 14 in its entirety. (Band 14
   The public safety community should have this ability both                in the 700 MHz band includes the D block and the public
   in areas where public safety broadband wireless networks                 safety broadband spectrum.) Accordingly, the FCC should
   are unavailable and where there is currently an operat-                  require the D block licensee(s), and potentially other 700
   ing public safety network but more capacity is required to               MHz commercial licensees, to develop and offer devices
   respond effectively to an emergency.                                     capable of providing service using all 700 MHz Band 14
      The rulemaking also should stipulate that, when a public              spectrum and identify a path toward the large-scale produc-
  safety broadband wireless network is at capacity or unavail-              tion of such devices. Commercial devices should allow the
  able, authorized public safety users should get priority                  public safety community access to better and less expensive
  access on commercial networks, including all networks                     options for use in the public safety spectrum, and will facili-
  using the 700 MHz band and potentially other networks                     tate access to spectrum blocks where the D block licensee
  as well. The licensee(s) should be able to obtain prior-                  and the public safety licensee enter into a shared network
  ity access under terms similar to those required in today’s               partnership. The FCC should explore other ways to encour-
  Wireless Priority Service (WPS). But, unlike WPS, this                    age the deployment of public safety devices that transmit
  capacity should be available for state and local first respond-           across the entire broadband portion of the 700 MHz band
  ers as well as National Security/Emergency Preparedness                   (i.e., Band 12, Band 13, Band 14 and Band 17).
  (NS/EP) communications. In addition, the priority access                ➤ Liability protection for commercial partners. A federal
  framework should take advantage of the additional access                   statute provides wireless, Voice over Internet Protocol
  and prioritization capabilities of 4G wireless technolo-                   (VoIP) and other emergency communications providers
  gies. Unlike today’s circuit-switched cellular networks,                   with immunity or liability protection for carriage of public
  4G wireless networks can give public safety data immedi-                   safety communications that is not less than the immunity
  ate priority without waiting for commercial capacity to be                 or liability protection given to local exchange carriers.9
  freed up. Commercial operators should receive reasonable                   Commercial licensees should have similar liability protec-
  compensation for public safety priority access and roaming                 tion for public safety communications when, for example,
  capabilities on their networks.                                            public safety licensees are roaming or using priority access
➤ Licensing the D block for commercial use, with options for                 on commercial networks or on shared networks supporting
   public safety partnership. The FCC should quickly license                 both commercial and public safety communications.
   the D block for commercial use, while implementing several             ➤ Leveraging purchasing power. The FCC, working with other
   requirements for the D block licensee(s) to maximize op-                  federal agencies, should explore other cost-saving measures
   tions for partnerships with public safety. First, the FCC                 for the buildout of public safety broadband networks. ERIC
   should require the D block licensee(s) and the public safety              and DHS should work with the General Services Adminis-
   broadband licensee(s) each to operate their networks using                tration (GSA) to provide rate schedules that public safety
   the same air interface technology standard. The emerging                  entities can use to access commercial nationwide broad-
   consensus of the public safety community and carriers is                  band networks and to obtain equipment for their networks.
   that 700 MHz networks will use the Long Term Evolu-                       This would generate immediate cost savings and provide
   tion (LTE) family of standards. The FCC should consider                   an important cost benchmark. In addition, state, Tribal
   designating this standard.8 A consistent air interface creates            and local governments can help lower costs. Infrastructure
   a greater likelihood of interoperability between the public               sharing can also reinforce network reliability and service
   safety and commercial D block networks. It will facilitate                continuity among commercial networks, particularly carri-
   roaming between networks to improve coverage and access                   ers entering into incentive-based partnerships with public
   for public safety and commercial customers. In addition, a                safety organizations.
   consistent air interface will encourage a larger number of

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ERic                                                                 address, at a minimum, operability, roaming, priority ac-
The FCC should create ERIC under the umbrella of the Public          cess, gateway functions and interfaces and interconnectiv-
Safety and Homeland Security Bureau immediately. ERIC will           ity of public safety broadband networks.
develop common standards for interoperability and operating        ➤ Adopt authentication and encryption requirements for com-
procedures to be used by the public safety entities licensed to      mon public safety broadband applications and network use.
construct, operate and use this nationwide network. To estab-      ➤ Coordinate the interoperability framework of regulations,
lish a common vision, ERIC must exist before any licensees           license requirements, grant conditions and technical stan-
begin construction of such a network. This will ensure that gov-     dards with other entities (e.g., the public safety broadband
ernment, public safety and the communications industry move          licensee(s), DHS, NIST and the National Telecommunica-
away from creating and supporting fragmented public safety           tions and Information Administration).
networks for broadband wireless communications.10
   ERIC will establish a baseline for the seamless exchange of        ERIC should also work with DHS and the public safety com-
public safety wireless broadband communications on a na-           munity to ensure that the public safety broadband network and
tionwide, interoperable basis from the start of the network’s      public safety narrowband wireless networks can communicate
development. This is crucial to allow responders from vary-        with one another seamlessly. ERIC’s public safety advisory
ing jurisdictions and disciplines to communicate with one          committee14 will provide input from the public safety commu-
another when they converge at an emergency, or when inci-          nity on ERIC’s proposed actions.
dents span several jurisdictions. Similarly, first responders         ERIC should work with NIST’s Public Safety Communications
must have access to common applications in any situation or        Research Program to ensure that it collaborates in its work on
location.11 To ensure success and leverage existing expertise,     research, development, testing, evaluation and standards with
ERIC should be chartered to work closely with DHS’s Office         both the public safety community and industry. No federal
of Emergency Communications (OEC). Close coordination              laboratory facilities exist to independently test and demon-
will enable ERIC to complement OEC’s mission of creating           strate public safety 700 MHz broadband technologies. Creating
standard operating procedures and governance to ensure that        a neutral host facility will allow all stakeholders to work to-
public safety communications flow over a seamless network.         gether to develop a nationwide seamless public safety wireless
ERIC also should have a public safety advisory body to ensure      broadband network and ensure that commercial broadband
appropriate consultation.12                                        standards can meet public safety’s specific requirements. This
   The FCC’s FY2011 budget proposes $1.5 million in funding        will help make networks and equipment compatible for public
to establish ERIC and support initial staffing requirements.       safety use.
As ERIC and the proposed broadband networks mature, about             NIST has announced that it is moving forward with devel-
$5.5 million will be necessary each year starting in FY2012 for    opment of a demonstration 700 MHz public safety broadband
ERIC to be fully functional.13 These additional funds will allow   network in FY2010. Congress should consider allocating long-
the FCC to partner with the National Institute of Standards        term public funding to continue this and other programs that
and Technology (NIST) to develop appropriate standards             support the new public safety network.
and to maintain ERIC’s expertise. The funds will also en-
sure adequate staffing to address the three core functions of      Grant Program
ERIC: network engineering, network technical operations            Development of a nationwide public safety broadband network
and network governance. In addition, Congress should con-          through incentive-based partnerships will make Americans
sider providing DHS $1 million of public funding in FY2011, as     safer and more secure.15 A grant program will give public safety
proposed in its budget, and each year thereafter. The funding      its own “hardened” broadband wireless access network; ensure
will help DHS to coordinate ERIC with OEC and relevant DHS         that the most vulnerable areas of the United States have the
entities, and enhance OEC outreach to Tribal, state and local      coverage they require; provide public safety with additional
agencies.                                                          capacity and resiliency via access to nearby commercial spec-
   At a minimum, ERIC should:                                      trum; ensure that the emergency response community has the
➤ Adopt technical and operational requirements and proce-          tools it requires; and optimize the effective use of resources.
    dures to ensure a nationwide level of interoperability; this       As shown in Exhibit 16-B, a multi-pronged approach will
    should be implemented and enforced through FCC rules,          provide public safety with greater dependability, capacity and
    license and lease conditions and grant conditions.             cost savings. First, the hardened network will provide reliable
➤ Adopt and implement other enforceable technical, interop-        service throughout a wide area. Second, since emergency re-
    erability and operational requirements and procedures to       sponders will be able to roam on commercial networks, capacity

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and resiliency will improve, at a reasonable cost. Third, localized          A single grant-making agency, in coordination with ERIC,
coverage will improve through the use of fixed microcells—like            should structure the funding to ensure the network is built
those that provide indoor coverage in skyscrapers—and mobile              efficiently. The grant-making agency should have flexibility to
microcells, which can be placed in fire trucks, police cars and           limit the time that a grant recipient has to spend any granted
ambulances. Fourth, equipment can be retrieved from caches                funds. It should also ensure that the money spent is accounted
and used during a disaster when infrastructure is destroyed or            for through reporting and auditing requirements. The grant-
insufficient or unavailable. Grants to support the public safety          making agency should encourage grant recipients to enter into
broadband network should be distributed by a single agency to             infrastructure-sharing agreements, where appropriate, with
streamline operations, reduce costs and ensure that grants are            entities deploying broadband networks with support from
made in a consistent manner. The grants should only fund proj-            other grant programs. Such arrangements should be reviewed
ects that comply with ERIC requirements and should be made                annually, and any savings they generate should be taken into
for the following four purposes:                                          account when allocating funds for each program.
➤ Construction of a public safety 700 MHz broadband net-                     The public safety broadband network requires a substantial
    work that involves partnerships and uses commercial infra-            investment. Using a 99% population coverage model,17 de-
    structure, the public safety infrastructure or both through           ployment of this network will require as much as $6.5 billion
    incentive-based partnerships.                                         in capital expenditure in 2010 dollars over a 10-year period,
➤ Coverage of the rural areas within the network’s                        which can be reduced through efficiency measures such as state
    geography.                                                            and local programs and USF.18 Initial public funding for the
➤ Hardening of the existing commercial network and new                    capital requirement should commence in a timely manner to
    sites that operate as part of the public safety network               enable the public safety network to benefit from the planned
    (including covering non-recurring engineering costs for pri-          build-outs of the private 4G wireless broadband networks,
    ority broadband wireless).16                                          which are scheduled to begin in 2010. Congress should consid-
➤ Development of an inventory of deployable capability for the            er providing the bulk of these funds in the second to fifth years
    700 MHz public safety band.                                           of the network’s construction.

Exhibit 16-B :
Public Safety
Network and

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   Ongoing costs, including operating expense and appropriate            Congress should also consider enabling FCC the to implement
network improvement costs are expected to rise from zero at the          or authorize mechanisms to collect, manage, audit and sup-
beginning of FY2011 to a peak of as much as $1.3 billion per year        port the grant-making agency’s disbursement of these funds.
in year 10 of the capital build program, following a substantial         Receipts would fund the grant-making agency’s program for
ramp-up that coincides with the network’s expansion.19                   public safety broadband operations and evolution. Strict condi-
   The total present value of the capital expenditure and ongo-          tions must be established to prohibit any diversion of these
ing costs over the next 10 years is approximately $12–16 billion.        funds by state and local governments, and require adherence to
State and local governments could contribute funds to cover              ERIC-developed standards. The grant-making agency should
some of these costs, and there may be additional cost-saving             be authorized to determine how to best allocate these funds
methods that reduce this estimate—such as sharing federal                to ensure an appropriate balance among urban, suburban and
infrastructure, working with utilities, or use of state and local        rural users and to require grant recipients to account for the
tower sites to improve coverage. This undertaking is also ex-            funds they receive. And it should distribute the funds in a way
pected to produce a significant number of long-term U.S. jobs.20         that also enables the evolution of the network.
   It is essential that the United States establish a long-term,
sustainable and adequate funding mechanism to help pay for               Existing Programs
the operation, maintenance and upgrade of the public safety              In emergencies, the federal government uses an FCC-developed
broadband network. America’s safety depends on it. Congress              system called Project Roll Call to determine the operational
should consider creating such a funding mechanism in FY2011,             status of wireless and broadcast communications (including
but in any event, no later than FY2012. Recognizing that                 public safety communications) and to help emergency manag-
Americans will obtain substantial benefits from the creation of          ers restore operations when necessary. However, the system
this network, imposing a minimal public safety fee on all U.S.           is not designed to operate in a 700 MHz broadband spectrum
broadband users would be a fair, sustainable and reasonable              environment. Deployment of a new broadband public safety
funding mechanism. The fee should be sufficient to support the           network will require a redesign of Project Roll Call and the pro-
operation and evolution of the public safety broadband network.          curement of new equipment to operate over the new spectrum.
   It is essential that the public safety community has the funds        These efforts will give the federal government the capability it
to operate, maintain and improve this network. All U.S. broad-           needs to rapidly restore public safety broadband communica-
band users will benefit from this network. Spreading nominal             tions in a disaster or emergency. Accordingly, Congress should
costs among them will ensure that this country’s emergency               consider providing an additional $6.9 million no later than FY
responders have access to critical communications capabilities           2012—and $1.9 million of public funding on a recurring annual
when and where they need them. 21                                        basis—to the FCC for the design and acquisition of enhanced
   Congress should consider authorizing the FCC to impose                Roll Call systems.
or require the imposition of such a fee or other funding means.

Exhibit 16-C:              Public Safety Spectrum Trust        • Remote access to criminal databases
Selection of Proposed                                          • High-speed file downloads
                                                               • Distribution of surveillance video feeds to on-scene personnel
Broadband Applications
and Services for the       The National Association of State   • Medical-quality video
                           EMS Officials                       • Multiple vital signs transmission
Public Safety                                                  • Real-time resource tracking (e.g., of ambulances)
Broadband Network                                              • Secure transmission of patient records
                           National Public Safety              • Intelligence gathering
                           Telecommunications Council          • Automated inspections
                                                               • Environmental monitoring
                                                               • Traffic management
                           AT&T                                • Location-based services
                                                               • Messaging
                                                               • Virtual private networking
                           Telcordia                           • Real-time command and control
                                                               • Logistics and decision support
                           District of Columbia                • Real-time identity management and credentialing
                                                               • Interoperability with computer-aided dispatch systems, emergency operation centers
                                                                 and voice systems

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REcommENdatioN 16.2: survey public safety broadband                          Current law bars for-profit entities, such as hospitals, broad-
wireless mobile infrastructure and devices.                               casters and service providers, from receiving federal assistance
   There is a lack of detailed information about state and local          to maintain or restore communications—including broadband
deployments of public safety broadband networks, infrastruc-              and broadcast services—immediately following a disaster.
ture and equipment. FEMA, working with Regional Emergency                 However, certain for-profit communications entities provide
Communications Coordination working groups, periodically                  vital services that ensure public safety. Hospitals, for example,
collects data on narrowband systems .22 But there is no system-           provide public health information, while broadcasters distrib-
atic study of public safety wireless broadband communications             ute important information and warn the public of impending
networks. Documentation of deployment and use of broad-                   dangers. The inability to maintain or restore broadband service
band by the state, Tribal and local public safety community,              may prevent hospitals and public health officials from shar-
including the status of interoperability, will help in evaluating         ing time-sensitive information. Loss of power or broadband
programs that support this technology.                                    connectivity also could prevent broadcasters from distributing
   Accordingly, Congress should consider providing public                 health information to the public on a timely basis.26 Without
funding of $3.75 million per year for three years (for a total of         federal efforts to maintain and quickly restore broadband and
$11.3 million) to allow FEMA to expand its data collection and            broadcast services, the most vulnerable residents could be cut
survey efforts with states and territories. Providing federal,            off from essential services such as NG 911, alerts and warnings,
Tribal, state and local governments with up-to-date informa-              including Emergency Alert System (EAS) messages.
tion on public safety broadband capabilities can help target                 Accordingly, Congress should consider amending the Stafford
grants to fill broadband gaps.23                                          Act to permit limited federal assistance during a disaster to
                                                                          private, for-profit entities—including health care providers,
REcommENdatioN 16.3: ensure that broadband satellite                      broadcasters and communications service providers—to maintain
service is a part of any emergency preparedness program.                  or restore public safety-related critical communications services
   Technical factors can affect broadband service during                  (e.g., public warning and alerts, law enforcement, fire, medical,
disasters,but it is vital that broadband networks operate reli-           search and rescue, PSAPs and other emergency services) during
ably and have redundant capabilities in an emergency. A way               a major disaster. The Federal Coordinating Officer or Federal
to ensure this is to use existing broadband mobile and fixed              Resource Coordinator at the Joint Field Office (JFO)—or, prior
satellite services in an affected area in the event of a disaster         to establishment of a JFO, the Operations Section Chief at the
or crisis. Satellites can serve as a communications option and a          National Response Coordination Center—should be authorized to
critical source of redundancy, particularly when terrestrial in-          decide whether to grant requests for such federal assistance.27 To
frastructure is unavailable. Satellite services may be even more          prevent abuse, requests should be granted only for services related
important as a method of communication in the first few hours             to operational issues and only for a limited duration, such as 30
or days of a disaster, should terrestrial-based services be dam-          days. 28 These statutory and regulatory changes should be made
aged or destroyed—providing unique value for public safety                effective prior to the start of the 2010 hurricane season in June,
purposes. Already, several state, local and federal agencies use          because of the possibility of frequent and large-scale weather-
broadband satellite service applications for public health, con-          related disasters.
tinuity of government and disaster preparedness activities.24
   Federal agencies should recommend the use of broadband
fixed and mobile satellite service for emergency prepared-                16.2 PROMOTINg
ness and response activities, as well as for national security,
homeland security, continuity and crisis management.25 These              CybERSECuRITy AND
recommendations should be issued when the agencies offer
emergency preparedness and response information guide-                    PROTECTINg CRITICAl
lines to the emergency response community, or when they
develop plans and programs on emergency response. The U.S.                INfRASTRuCTuRE
Government Accountability Office (GAO) should issue a report
on the current and future capability of satellite broadband to            Improving Cybersecurity
provide necessary service during an emergency.                            Communications providers have experienced frequent attacks on
                                                                          critical Internet infrastructure. A variety of state and non-state
REcommENdatioN 16.4: preserve broadband communica-                        entities has demonstrated the ability to steal, alter or destroy
tions during emergencies.                                                 data and to manipulate or control systems designed to ensure the

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functioning of portions of our critical infrastructure. Additional   the FCC, other federal agencies and, as appropriate, service
safeguards may be necessary to protect our nation’s commercial       providers to analyze information on outages affecting IP-based
communications infrastructure from cyberattack. Such safe-           networks. The information also will help prevent future out-
guards could promote confidence in the safety and reliability of     ages and ensure a better response to actual outages.
broadband communications and spur adoption.                          The timely and disciplined reporting of network outages will
                                                                     help protect broadband communications networks from
REcommENdatioN 16.5: the Fcc should issue a cyberse-                 cyberattacks, by improving the FCC’s understanding of the
curity roadmap.                                                      causes and how to recover. This will help improve cybersecurity
   Admiral Mike McConnell, former Director of National               and promote confidence in the safety and reliability of broad-
Intelligence, said recently that “the United States is fighting      band communications.31
a cyber-war today, and we are losing.”29 He noted that “to the
extent that the sprawling U.S. economy inhabits a common             REcommENdatioN 16.7: the Fcc should create a volun-
physical space, it is in our communications networks.”30 The         tary cybersecurity certification program.
country needs a clear strategy for securing the vital communi-          Many Internet users apparently do not consider cybersecu-
cations networks upon which critical infrastructure and public       rity a priority. Nearly half of all businesses in the 2009 Global
safety communications rely. Within 180 days of the release           State of Information Security Study reported that they are
of this plan, the FCC should issue, in coordination with the         cutting budgets for information security initiatives. A 2008
Executive Branch, a roadmap to address cybersecurity. The            Data Breach Investigations Report concluded that 87% of
FCC roadmap should identify the five most critical cybersecu-        cyber breaches could have been avoided if reasonable security
rity threats to the communications infrastructure and its end        controls had been in place.32 The FCC should explore how to
users. The roadmap should establish a two-year plan, including       encourage voluntary efforts to improve cybersecurity.
milestones, for the FCC to address these threats.                       The FCC should begin a proceeding to establish a voluntary
                                                                     cybersecurity certification system that creates market incen-
REcommENdatioN 16.6: the Fcc should expand its outage                tives for communications service providers to upgrade their
reporting requirements to broadband service providers.               network cybersecurity. The FCC should examine additional
   Today the FCC currently does not regularly collect outage         voluntary incentives that could improve cybersecurity as and
information when broadband service providers experience              improve education about cybersecurity issues, and including
network outages. This lack of data limits our understanding of       international aspects of the issues. A voluntary cybersecurity
network operations and of how to prevent future outages. The         certification program could promote more vigilant network
FCC should initiate a proceeding to extend FCC Part 4 outage         security among market participants, increase the security of
reporting rules to broadband Internet service providers (ISPs)       the nation’s communications infrastructure and offer end-
and interconnected VoIP providers. Such reports will allow           users more complete information about their providers’

Exhibit 16-D :
The Cyber World

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cybersecurity practices. In this proceeding, the FCC should               of physical failures—either malicious or non-malicious—and
consider all measures that will promote confidence in the                 under severe overload. This will allow the FCC to assess the
safety and reliability of broadband communications. 33                    ability of next-generation public safety communications sys-
                                                                          tems to withstand direct attacks and to determine if any actions
REcommENdatioN 16.8: the Fcc and the department of                        should be taken in this regard.
homeland security (dhs) should create a cybersecurity                        This proceeding should also examine commercial networks’
information reporting system (cirs).                                      preparedness to withstand overloads that may occur during
   The FCC, other government partners and ISPs lack “situ-                extraordinary events such as bioterrorism attacks or pandem-
ational awareness” to allow them to respond in a coordinated,             ics. DHS has developed pandemic preparedness best practices
decisive fashion to cyber attacks on communications infra-                for network service providers, but adherence to these voluntary
structure. The FCC and DHS’s Office of Cybersecurity and                  standards is not tracked. For example, a surge in residential
Communications together should develop an IP network CIRS                 broadband network use during a pandemic or other disas-
to accompany the existing Disaster Information Reporting                  ter could hinder network performance for critical users and
System. CIRS will be an invaluable tool for monitoring cyber-             applications by hindering the flow of time-sensitive medi-
security and providing decisive responses to cyberattacks.                cal and public health information over public networks. This
   CIRS should be designed to disseminate information rapidly             proceeding will give the FCC insight into pandemic prepared-
to participating providers during major cyber events. CIRS                ness in commercial broadband networks. In addition, it will
should be crafted as a real-time voluntary monitoring system              yield important information about the susceptibility of such
for cyber events affecting the communications infrastructure.             networks to severe overloads and how network congestion on
The FCC should act as a trusted facilitator to ensure any shar-           residential-access networks—particularly in the “last mile”—
ing is reciprocated and that the system is structured so ISP              may undermine public safety communications and 911 access
proprietary information remains confidential.                             during a pandemic or other large-scale event.34

REcommENdatioN 16.9: the Fcc should expand its inter-                     REcommENdatioN 16.11: the Fcc and the national commu-
national participation and outreach.                                      nications system (ncs) should create priority network access
   The FCC should increase its participation in domestic and              and routing for broadband communications.
international fora addressing international cybersecurity                     Broadband users in the public safety community have no
activities and issues. It should also engage in dialogues and             system of priority access and routing on broadband networks.
partnerships with regulatory authorities addressing cybersecu-            Such a system is critical to protect time-sensitive, safety-of-
rity matters in other countries. This should include outreach to          life information from loss or delay due to network congestion.
foreign communications regulators and international organi-               While technical work is under way to allow the creation of such
zations about elements of the National Broadband Plan (see                a system, no corresponding set of FCC rules exists to sup-
Chapter 4 which discusses international outreach). The FCC                port it. The FCC and the National Communications System
should also continue to review other nations’ and organiza-               (NCS) should leverage their experience with the Government
tions’ cybersecurity activities so it is better aware of those            Emergency Telecommunications Service (GETS) and the
activities as they relate to U.S. domestic policies. And it should        WPS to jointly develop a system of priority network access and
continue to participate in domestic initiatives that relate to            traffic routing for national security/emergency preparedness
cybersecurity activities in the international arena.                      (NS/EP) users on broadband communications networks. The
                                                                          Executive Branch should consider clarifying a structure for
critical infrastructure Survivability                                     agency implementation and delineating responsibilities and
                                                                          key milestones; the order should be consistent with national
REcommENdatioN 16.10: the Fcc should explore network                      policies already in existing presidential documents.The FCC
resilience and preparedness.                                              and NCS should jointly manage this program.
   Simultaneous failure of or damage to several IP network
facilities or routers could halt traffic between major metropoli-         REcommENdatioN 16.12: the Fcc should explore standards
tan areas or between national security and public safety offices.         for broadband communications reliability and resiliency.
Because many companies colocate equipment, damage to cer-                    For years, communications networks were designed and
tain buildings could affect a large amount of broadband traffic,          deployed to achieve “carrier-class” reliability. As the commu-
including NG 911 communications. The FCC should begin an                  nications infrastructure migrates from older technologies to
inquiry into the resilience of broadband networks under a set             broadband technology, critical communications services will be

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carried over a communications network that may or may not be           Enhanced 911 (E911) while adding new 911 capabilities in mul-
built to these high standards. The potential decline in service        tiple formats, such as texting, photos, video and e-mail. NG911
reliability is a concern for critical sectors, such as energy and      also will integrate entities involved in emergency response
public safety, and for consumers in general. The FCC should            beyond the PSAP (see Exhibit 16-E.). This will vastly improve
begin an inquiry proceeding to gain a better understand-               the quality and speed of response, giving all callers—includ-
ing of the reliability and resiliency standards being applied          ing people with disabilities—equal service. The possibility of
to broadband networks. The proceeding should examine the               sending video and photographs to the PSAP will transcend
standards and practices applied to broadband infrastructure at         language barriers and provide eyewitness-quality information
all layers, from applications to facilities. Its objective should be   to give first responders the most relevant information at the
to determine what action, if any, the FCC should take to bolster       scene of an emergency. NG911 will provide a more interoper-
reliability of broadband infrastructure.                               able and integrated emergency response capability for PSAPs,
                                                                       first responders, hospitals and other emergency response
16.3 lEVERAgINg                                                           The four fundamental purposes of NG911 are to:
                                                                       ➤ Replace the E911 system while retaining its core functions,
bROADbAND                                                                  such as automatic location information and automatic
                                                                           number identification.
TECHNOlOgIES TO                                                        ➤ Add capabilities to support 911 access in multiple formats
                                                                           for all types of originating service providers, application
ENHANCE EMERgENCy                                                          developers and device manufacturers.
                                                                       ➤ Increase system flexibility, redundancy and efficiency for
COMMuNICATIONS                                                             PSAPs and 911 governing authorities.
                                                                       ➤ Add capabilities to integrate and interoperate with entities
WITH THE PublIC                                                            involved in emergency response beyond the PSAP.

The Move to Next Generation 911                                          Broadband will make it possible for PSAPs to push and
The nation’s 911 system is evolving toward supporting NG911,           pull video, images, medical information, environmental
which will integrate the core functions and capabilities of

Exhibit 16-E :
Call Flow in NG91135

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Exhibit 16-F :
NG911 Will Enable
the Public to Access
911 Through Text
Messaging (SMS) and
Other Formats

Exhibit 16-G :
Physical Architectures
of Current and Next-
Generation 911

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sensor transmissions and a host of other data through shared         It is critical that the NG911 system is developed in a way
databases and networks. This will make it easier for the pub-     that most effectively ensures Americans can access 911 systems
lic—including persons with disabilities—to access 911 services.   anytime and anyplace. (see Exhibit 16-G for differences between
Users will be able to transmit voice, text or images to PSAPs     the architecture of current legacy 911 and NG911 systems.)
from a variety of broadband-capable devices.                      Further, the NG911 system must be able to quickly communicate
                                                                  caller-generated information to first responders. U.S. policy on
Using Broadband to Bridge the Gap to NG911                        NG911 should focus on fosteringrapid transition from analog,
Many in the public safety community lack access to broadband      voice-centric 911 and emergency communications systems to a
services.36 Some PSAPs are located in areas where broadband       broadband-enabled, IP-based emergency services model.
communications are unavailable.37 Many PSAPs cannot afford
broadband connectivity, and existing grant programs are not       REcommENdatioN 16.13: the national highway traffic
focused on long-term funding activities. Further, regulatory      safety administration (nhtsa) should prepare a report to
roadblocks have hindered NG911 deployment. A more efficient       identify the costs of deploying a nationwide ng911 system
transition needs to be developed to support these services.       and recommend that congress allocate public funding.
   The transition from the legacy 911 system to NG911 has             The lack of coordinated funding is a significant roadblock
begun. Public safety and industry standards organizations         for NG911 deployment. Several agencies administer existing
have reached a consensus on NG911 technical architecture to       grant and loan programs without any central coordination or
meet demands posed by new forms of technology and methods         uniform criteria.40 Moreover, limited information has been
of communication. The U.S. Department of Transportation           developed on the potential cost of NG911 implementation.
(DOT) has published a transition plan for NG911 migration.38      Though DOT estimated in mid-2008 that the total cost of
Several states and localities have begun deploying NG911. At      implementing and operating a nationwide NG911 system over
least one ongoing live test of 911 texting is underway39 (see     the next 20 years would be $82 to $87 billion,41 the country
Exhibit 16-F).                                                    requires a more detailed and targeted report to help Congress
   Yet financial and regulatory barriers hinder NG911             develop a grant program. A NHTSA analysis should deter-
implementation. Grant programs that support NG911 are             mine detailed costs for specific NG911 requirements and
uncoordinated and limited in scope. Inconsistent, overlap-        specifications, and specify how costs would be broken out
ping and outdated state and federal regulations have slowed       geographically or allocated among PSAPs, broadband service
NG911 development.                                                providers and third-party providers of NG911 services. The
                                                                  NHTSA report should also address the current state of NG911
                                                                  readiness among PSAPs and how differences in PSAP access to
BoX 16-2:
                                                                  broadband across the country may affect costs.
                                                                      Congress should consider providing public funding for
Iowa 911 Call Center Becomes      the cumbersome process of       NHTSA to analyze the costs of deploying a nationwide NG911
First to Accept Texts42           having a deaf person using a
                                                                  system. The report should be completed by Dec. 1, 2011. It
    An emergency call center in   keyboard to write a message,
                                                                  should include a technical analysis and cost study of different
Black Hawk County, Iowa, be-      which is then delivered via a
                                                                  delivery platforms—such as wireline, wireless and satel-
came the first in the nation to   relay center to the operator
                                                                  lite—and an assessment of the architectural characteristics,
accept text messages sent to      answering the call. An added
                                                                  feasibility and limitations of NG911 delivery. The report also
“911” in August 2009. “I think    advantage is that 911 opera-
                                                                  should include an analysis of the needs of persons with disabili-
there’s a need to get out         tors can text back.
front and get this technology        While voice communi-         ties and should identify standards and protocols for NG911 and
available,” Black Hawk County     cation is still the primary     for incorporating VoIP and “Real Time Text” standards.43 The
police chief Thomas Jennings      method for 911 communica-       report should be a resource for Congress as it considers creat-
told the Associated Press.        tions, this new wave of Next    ing a coordinated, long-term funding mechanism for NG911
    Black Hawk County’s system    Generation 911 capability is    deployment and operation, accessibility, application develop-
is designed so people with        just one example of the way     ment, equipment procurement and training. This analysis is
speech and hearing impedi-        the nation is modernizing its   essential to identify funding requirements for the implementa-
ments can text 911 for emer-      911 system to better serve      tion of NG911.
gency services. It eliminates     the public.

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REcommENdatioN 16.14: congress should consider enact-                           services and help ensure NG911 is deployed in an interoperable
ing of federal ng911 regulatory framework.                                      and reliable fashion.
   Federal and state regulations that focus on legacy 911 systems
have hampered NG911 deployment.44 Many rules were written                       REcommENdatioN 16.15: the Fcc should address ip-based
when the technological capabilities of NG911 did not exist.45                   ng911 communications devices, applications and services.
Congress should consider establishing a federal legal and regula-                  The FCC is considering changes to its location accuracy
tory framework for development of NG911 and the transition                      requirements and the possible extension of Automatic Location
from legacy 911 to NG911 networks. This framework should re-                    Identification (ALI) requirements to interconnected VoIP
move jurisdictional barriers and inconsistent legacy regulations                services.46 The FCC should expand this proceeding to explore
and provide legal mechanisms to ensure efficient and accurate                   how NG911 may affect location accuracy and ALI.
transmission of 911 caller information to emergency response                       The current 911 system will also need to be re-evaluated as
agencies. Without such a comprehensive framework and a                          broadband-based communications continue to proliferate. The
funding mechanism, it is unlikely all Americans will receive the                911 system mainly provides a voice-centric communications
benefits of NG911 in the near term.                                             platform between the public and 911 operators. However, the
   The legislation should recognize existing state authority                    deployment of different types of communications, devices, ap-
over 911 services but require states to remove regulatory road-                 plications and services has meant consumers are changing their
blocks to NG911 development. It should also give the FCC the                    expectations about how they can access 911. Many consumers, for
authority to implement a NG911 federal regulatory framework,                    example, already have come to expect they may send non-voice
eliminate outdated 911 regulations at the federal level and pre-                communications, such as short text messages and multimedia
empt inconsistent state regulations. This legislation should be                 messages, to PSAPs. But PSAPs typically cannot receive such
coordinated with the NHTSA report to ensure federal regula-                     communications. The national strategy for NG911 deployment
tion of NG911 is consistent.                                                    should be designed to meet future consumer expectations.
   Congress should also consider steps to curtail Tribal,                          New broadband-based devices and applications may not
state and local use of 911 funds for purposes other than 911.                   offer the traditional voice and “call” capabilities that wireless
In the FCC’s “Report to Congress on State Collection and                        or VoIP phones do today. Thus, consumers may assume they
Distribution of 911 and Enhanced 911 Fees and Charges” for                      can reach PSAPs via various IP-based communications modes.
the year ending Dec. 31, 2008, some states reported that 911/                   Non-voice methods of communicating with 911 would have
E911 funds collected at the state level are or may be used, at                  the added benefit of promoting accessibility to 911 for non-
least in part, to support non-911 and E911 programs.                            English-speaking persons and persons with disabilities. Thus,
   Congress should also consider amending and reauthorizing                     the FCC should initiate an additional proceeding to address
the ENHANCE 911 Act and restoring the E911 Implementation                       how NG911 can accommodate communications technologies,
Coordination Office (ICO) with appropriate funding. ICO can                     networks and architectures beyond traditional voice-centric
build upon its prior work with wireless and IP-enabled 911                      devices. It should also explore how public expectations may
                                                                                evolve in terms of the communications platforms the public
BoX 16-3:                                                                       would rely upon to request emergency services.

Emergency Alert                          Pago Pago Harbor began to              Moving Toward Next-Generation Alerting
System Saves Lives in                    rise. This EAS alert warned            Building on today’s emergency alerting technology, FEMA
American Samoa47                         residents to evacuate the              has taken steps to develop an Integrated Public Alert and
   On Sept. 29, 2009, an 8.1             area. Upon receiving the alert,        Warning System (IPAWS) that will lead to a next-generation
magnitude earthquake trig-               a pastor from the village of           public alert and warning system.48 The IPAWS vision is to
gered a tsunami in American              Amanave rang his church                build and maintain an effective, reliable, integrated, flexible
Samoa—the biggest earth-                 bells, providing a further
                                                                                and comprehensive system that allows Americans to receive
quake of that year. KKHJ, the            warning to locals to evacu-
                                                                                alert and warning information through as many commu-
primary station in American              ate the area. Although more
                                                                                nication pathways as possible.49 But in a September 2009
Samoa’s Emergency Alert                  than 180 people perished in
                                                                                report, GAO identified a number of challenges with IPAWS
System, issued 2 EAS alerts—             the earthquake and tsunami,
                                                                                implementation, including some related to the inclusion of
one after the earthquake hit             the early warning system is
                                                                                new technologies,50 stakeholder coordination51 and techni-
and a second when waters in              credited with saving lives.
                                                                                cal issues.52 States and localities need additional resources to
                                                                                upgrade their alerting operations to effectively access IPAWS.

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Further, the federal government should disseminate informa-      outlets, sent to wireless and wireline phones within the af-
tion about IPAWS development and deployment.                     fected area, posted on Internet feeds and websites sites, and
                                                                 issued through any other communication outlet serving the
REcommENdatioN 16.16: the Fcc should launch a com-               affected area. That would ensure the public is informed of an
prehensive next-generation alert system inquiry.                 emergency and has the information it needs to protect itself.
    The FCC should quickly begin a proceeding exploring all      The FCC’s inquiry should focus primarily on how to develop
issues for developing a multiple-platform, redundant next-       such a system.
generation alert system. Next-generation alerting should            FEMA’s development of IPAWS should help ensure that a
include delivery of emergency alerts throughout the nation       ubiquitous alert transmission system is available to accommo-
via broadband. The inquiry should consider Emergency Alert       date multiple alert platforms and participation by all federal,
System (EAS) and Commercial Mobile Alert Service (CMAS)          state, Tribal, local and private sector alert stakeholders. There
developments, as well as FEMA’s development of IPAWS. It         also needs to be a comprehensive evaluation of the ability of
also should consider all potential multiplatform technologies,   alert managers to participate in IPAWS when launched.
including the use of emergency alerts via video programming         A comprehensive inquiry will allow the FCC to obtain input
on the Internet. The inquiry should determine how best to        on the alerting system’s future and to form a new regulatory
ensure all Americans can receive timely and accurate alerts,     framework for next-generation alerting. This inquiry should
warnings and critical information about emergencies regard-      focus on the wide-ranging technical, legal and policy issues as-
less of the communications technologies used.                    sociated with this new multi-platform system. The proceeding
    The FCC has not yet begun a wide-ranging inquiry into        should analyze the developing IPAWS architecture to evalu-
next-generation alerting. Such an inquiry can bridge the gap     ate the ability of IPAWS to support a broadband-based, next
from the current EAS and CMAS systems to a comprehensive         generation alert system. The inquiry also should examine the
next-generation alerting system by detailing an implementa-      needs of state, Tribal and local emergency alert originators
tion strategy. Such a proceeding should be initiated.            in utilizing the next-generation alerting system; what assis-
    Next-generation technologies will transform the informa-     tance, if any, the FCC and its federal partners should provide
tion delivery capabilities of both EAS and CMAS. They can        to address those needs; and what actions the FCC and federal
also increase the effectiveness of alerts during emergencies.    partners should take to ensure the system’s timely develop-
Emergency managers could provide alerts to communities           ment and deployment.
now served poorly—such as persons with disabilities and
non-English speakers—and provide improved alert file “trails”    REcommENdatioN 16.17: the executive branch should
containing valuable information, such as full-motion videos      clarify agency roles on the implementation and mainte-
of radar-tracked storm systems. Emergency alerts in Internet     nance of a next-generation alert and warning system.
video format would allow emergency alert originators to reach       The Executive Branch through an interagency policy council
people who are not, at the time, listening to broadcast radio    or through a directive should take action by executive order,
and television or other current sources of alerts. Providing     federal interagency policy committee or other formal means, to
alternative methods for distributing emergency alerts to all     clarify the responsibilities of each federal agency in the imple-
Americans will save lives. However, the systems that as-         mentation, maintenance and administration of next generation
semble, manage and transmit alerts will need to be upgraded to   alerting systems. This action should also set milestones, bench-
accommodate broadband.                                           marks and necessary actions for implementation and establish
    The system should alert the public of emergencies through    a system of accountability among the federal agencies respon-
all possible means of communications. In the event of a tor-     sible for emergency alerting.
nado, for example, alerts would be broadcast on local media

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                                             CHAPTER 16 ENDNOTES
1   Under this approach, for example, the public safety              individuating end-user devices and other aspects of the        partners coordinating committee that includes DHS,
    licensee(s) is afforded the flexibility to enter into            edge network to meet public safety requirements, and           the Department of Justice, NIST and the National
    agreements with commercial partners for construction             also to employ satellite, aircraft or other technologies       Telecommunications and Information Administration
    and operation of their 700 MHz network.                          to extend coverage to rural areas. See, e.g., Letter from      (NTIA) and that leverages the Emergency
2   Based on the results of the 2006 National                        Lucian Randolph, CEO, Planet TV Air-Tower Systems,             Communications Preparedness Center (ECPC).
    Interoperability Baseline Survey, the 2007 UASI                  to Marlene H. Dortch, Secretary, FCC GN Docket No.          13 This includes 20 new engineering and technical
    Tactical Interoperability scorecards, and 2008/2009              09-51, (Nov. 12, 2009) (Planet TV Nov. 12, 2009 Ex             personnel, travel and office expenses, computing and
    information provided by each state regarding its                 Parte) at 9; Space Data Reply in re National Broadband         simulation equipment and contracting with NIST for
    Statewide Communications Interoperability Plans,                 Plan NOI, filed July 21, 2009, at 3; Iridium Satellite         standards development and testing. omnibuS broaDbanD
    it is possible to estimate that a majority of the UASIs          Comments in re National Broadband Plan NOI, filed                initiative, tHe public Safety broaDbanD wireleSS
    and states are at approximately an intermediate level            June 8, 2009, at 4–5; MSS/ATC Coalition Comments in              network (forthcoming) (obi, tHe public Safety
    of interoperability. See generally Dep’t of HomelanD             re National Broadband Plan NOI, filed June 8, 2009, at           broaDbanD wireleSS network).
    Sec., 2006 national interoperability baSeline Survey             5–6; Spacenet Inc. Comments in re National Broadband        14   This advisory committee should be made exempt
    (2006), available at http://www.safecomprogram.                  Plan NOI, filed June 8, 2009, at 9. The Commission               from the Federal Advisory Committee Act. Secondly,
    gov/NR/rdonlyres/40E2381C-5D30-4C9C-AB81-                        should also explore how to best meet public safety               Congress should ensure appropriate funding for ERIC to
    9CBC2A478028/0/2006NationalInteroperability                      requirements through a variety of means, including the           enable the FCC to pay for reasonable travel expenses of
    BaselineSurvey.pdf; Dep’t HomelanD Sec., tactical                use of commercial infrastructure to be procured by the           the public safety advisory committee members.
    interoperable communicationS ScorecarDS Summary                  public safety broadband licensee.                           15   Under this model, public safety entities, as authorized by
    report anD finDingS (2007), available at http://              7 This serves the added purpose of allowing the public              the FCC, should be allowed to select entities they want                    safety licensee(s) to leverage infrastructures that              to partner with to construct and operate their networks,
    report-010207.pdf; Dep’t of HomelanD Sec.,                       utilities might currently have. Therefore, access to             consistent with FCC, including ERIC, requirements.
    national Summary of StatewiDe communication                      utilities’ towers and other structures may be part of any   16   Many state and local jurisdictions have enacted
    interoperability planS (ScipS) (2009), available at              secondary usage program.                                         regulations requiring the installation of transmitters                   8 See, e.g., APCO Comments in re NBP PN #8, (Additional             or other equipment within buildings to improve in-
    C6C0CD6A-0A15-4110-8BD4-B1D8545F0425/0/                          Comment Sought on Public Safety, Homeland Security,              building coverage for public safety narrowband voice
    NationalSummaryofSCIPs_February2009.pdf. As                      and Cybersecurity Elements of National Broadband                 networks. State and local governments should consider
    set forth in the Goals of the National Emergency                 Plan—NBP Public Notice #8, GN Docket Nos. 09-47,                 implementing similar in-building coverage requirements
    Communications Plan, DHS plans to assess each of the             09-51, 09-137, PS Docket Nos. 06-229, 07-100, 07-114,            for public safety broadband communications.
    nation’s 60 largest urban areas’ ability to clearly achieve      WT Docket No. 06-150, CC Docket No. 94-102, WC              17   To achieve the 99% population coverage, externally
    response-level communications by September 30, 2010,             Docket No. 05-196, Public Notice, 24 FCC Rcd 12136               mounted antennas are assumed for use in highly rural
    and will evaluate each of the more than 3,000 counties           (PSHSB 2009) (NBP PN #8)) filed Nov. 12, 2009, at                areas of the country.
    in the United States by September 30, 2011. See Dep’t of         11; AT&T Comments in re NBP PN #8, filed Nov. 12,           18   The cost basis for this funding request will be released
    HomelanD Sec., national emergency communicationS                 2009, at 2; Verizon and Verizon Wireless Comments in             subsequently in an obi, tHe public Safety broaDbanD
    plan 6–7 (2008), available at                re NBP PN #8, filed Nov. 12, 2009, at 6; Public Safety           wireleSS network . These capital costs include
    xlibrary/assets/national_emergency_communications_               Spectrum Trust Comments in re 700 MHz Public Safety              leveraging approximately 41,600 commercially
    plan.pdf.                                                        Broadband Networks Waiver PN (Public Safety and                  deployed sites, 3,200 rural sites (a blend of new and
3   Eur. Telecomm. Standards Inst. [ETSI], Project                   Homeland Security Bureau Seeks Comment on Petitions              upgraded sites, with vehicles being mounted with
    MESA; Technical Specification Group—System; System               for Waiver to Deploy 700 MHz Public Safety Broadband             externally deployed antennas), hardening of all sites,
    and Network Architecture, at 20, ETSI TR 102 653                 Networks, PS Docket No. 06-229, Public Notice, DA                and providing deployable caches of equipment at the
    V3.1.1 (2007–2008), available at            09-1819 (rel. Aug. 4, 2009) (700 MHz Public Safety               state and local level.
    deliver/etsi_tr/102600_102699/102653/03.01.01_60/                Broadband Networks Waiver PN) at 11.                        19   This figure is based on an annual RAN fee for managed
    tr_102653v030101p.pdf.                                        9 See New and Emerging Technologies 911 Improvement                 services, additional costs for rural services and an annual
4   See Implementing a Nationwide, Broadband,                        Act of 2008, Pub. L. No. 110-283, 122 Stat. 2620 (2008)          OA&M including transport managed services fee. obi,
    Interoperable Public Safety Network in the 700 MHz               (NET 911 Act) amending Wireless Communications and               tHe public Safety broaDbanD wireleSS network.
    Band, PS Docket No. 06-229, Second Report and Order,             Public Safety Act of 1999, Pub.L. No. 106-81, 113 Stat.     20   Most of these jobs will be in services and operations,
    22 FCC Rcd 15289 (2007).                                         1286 (1999) (Wireless 911 Act).                                  while a smaller percentage will be in product
5   Comments submitted in the Commission’s 700 MHz                10 To the extent that other users are permitted on a public         development and manufacturing. obi, tHe public
    D block proceeding suggest a number of possible                  safety network, ERIC will also be responsible for                Safety broaDbanD wireleSS network.
    explanations. See, e.g., Association of Public Safety            working on establishing common priorities.                  21   Such a fee should be modest. Operating expenses for the
    Communications Officials-International, Inc. (APCO)           11 ERIC’s mission can also be extended over time to serve           first 2 years of network operation are estimated at $500
    Comments in re 700 MHz Third Further Notice (Service             other functions, such as coordinating PSAP access to             million.
    Rules for the 698–746, 747–762 and 777–792 Bands;                the network and improving interoperability for mission      22   See 6 U.S.C. § 575. This statute mandates the formation
    Implementing a Nationwide, Broadband, Interoperable              critical voice.                                                  of RECC working groups, id. at § 575(a), and charges
    Public Safety Network in the 700 MHz Band, WT Docket          12 The FCC should consider a membership comprised                   them with, among other duties, “assessing the
    No. 06-150, PS Docket No. 06-229, Third Further                  of representatives of state and local public safety              survivability, sustainability and interoperability of local
    Notice of Proposed Rulemaking, 23 FCC Rcd 16661                  agencies, public safety trade associations, the Public           emergency communications systems.” Id. at § 575(d)(1).
    (2008) (700 MHz Third Further Notice)), filed June 20,           Safety Spectrum Trust, federal user groups, and                  This section does not direct the working groups to focus
    2008, at 3; Verizon Wireless Comments in re 700 MHz              SAFECOM. The FCC should also consider appropriate                on broadband infrastructure.
    Third Further Notice, filed June 20, 2008, at 2 .                representation from industry representatives and            23   These surveys should include information to be provided
6   The record includes proposals, for example, for public           representatives of equipment vendors and service                 to ERIC on the current status of interoperability for the
    safety agencies to use existing core infrastructure while        providers. The FCC should also establish a federal               public safety broadband network.

328      F e d e r a l c o m m u n i c at i o n s c o m m i s s i o n | w w w. b r o a d b a n d.g o v
                                                                                                                                a m e r i ca’ s p l a n c h a p t e r 1 6

                                           CHAPTER 16 ENDNOTES
24 fcc, fcc prepareDneSS for major public emergencieS,         34 In fact, estimates of residential-access network capacity    47 See Federal Emergency Management Agency,
   cHairman’S 30 Day review (2009), available at http://          suggest that current networks can carry between 1/100           Integrated Public Alert and Warning System (IPAWS):                and 1/10 of their advertised per-user capacity. See also        Success Stories,
   293332A1.pdf.                                                  AT&T Comments in re National Broadband Plan NOI,                ipaws/successstories.shtm (last visited Mar. 5, 2010)
25 See Letter from Diane Cornell, Vice President of               filed June 8, 2009, at 67–69; Telcordia Comments in re          (IPAWS Success Stories).
   Government Affairs, Inmarsat, to Marlene H. Dortch,            National Broadband Plan NOI, filed June 8, 2009, at 19.      48 See Federal Emergency Management Agency,
   Secretary, FCC, GN Docket Nos. 09-47, 09-51, 09-137,        35 Research and Innovative Tech. Admin., Next Generation           Integrated Public Alert and Warning System (IPAWS),
   WC Docket No. 02-60 (Dec. 4, 2009) at 7.                       911 Concept of Operations, Fig. 4-2, (last visited
26 See 47 U.S.C. § 5172(a)(1)(B); office of tHe preSiDent,        gov/ng911/pubs/concept_operations.htm (last visited             Feb. 15, 2010).
   tHe feDeral reSponSe to Hurricane katrina:                     Feb. 15, 2010).                                              49 gao, emergency prepareDneSS: improveD planning
   leSSonS learneD 58–59 (2006), available at http://          36 See generally NENA Comments in re NBP PN #8, filed              anD coorDination neceSSary for moDernization anD           Nov. 12, 2009.                                                  integration of public alert anD warning SyStem
   lessons-learned.pdf.                                        37 PSST Comments in re NBP PN #8, filed Nov. 12, 2009,             14 (2009) (gao emergency prepareDneSS report),
27 Ann Arnold, President, Tex. Ass’n of Broadcasters,             at 2.                                                           available at
   Statement at FCC Summit: Lessons Learned: Hurricane         38 u.S. Dep’t of tranSp., next generation 911 (ng9-1-1)            (noting that capabilities to distribute emergency alerts
   Seasons 2008 (Dec. 11, 2008) available at http://www.          SyStem initiative, final analySiS of coSt, value, anD           and warnings through e-mails, telephones, text message (1:00:35).                      riSk (Mar. 5, 2009) (Dot ng911 coSt StuDy).                     devices, cell phones, pagers and Internet-connected
28 For-profit entities should be deemed eligible for           39 Intrado Comments in re NBP PN #8, filed Nov. 12,                desktops have not been implemented).
   assistance only when the need for their services exceeds       2009, at 11.                                                 50 gao emergency prepareDneSS report at 20–24.
   the capabilities of the private sector and any relevant     40 For instance, through the 911 Access Program, the Rural      51 gao emergency prepareDneSS report at 24–26.
   state, Tribal and local governments, or relates to an          Utilities Service provides low-interest loans to state and      Challenges identified by GAO included lack of
   immediate threat to life and property, is critical to          local governments, Indian tribes and other entities for         redundancy, gaps in coverage, systems integration,
   disaster response or community safety, or relates to           facilities and equipment to improve 911 access in rural         standards development, development of geo-targeted
   essential federal recovery measures.                           areas. Food, Conservation, and Energy Act of 2008, Pub.         alerting and alerts for people with disabilities and those
29 See Mike McConnell, Op.-Ed., Mike McConnell on How             L. No. 110-246, §6107, 122 Stat. 1651, 1959 (2008); see         who do not speak English. In response to the report,
   to Win the Cyber-War We’re Losing, waSH. poSt, Feb.            E911 Grant Program, 74 Fed. Reg 29,967 (June 5, 2009).          the DHS agreed with GAO’s recommendations for
   28, 2010,             41 u.S. Dep’t of tranSp., next generation 911 (ng9-1-1)            addressing these concerns and has begun to address
   content/article/2010/02/25/AR2010022502493.html.               SyStem initiative, final analySiS of coSt, value, anD           many of these challenges. See Written Statement of
   (McConnell, How to Win the Cyber-War).                         riSk (Mar. 5, 2009) (Dot ng911 coSt StuDy).                     Damon Penn, Assistant Administrator, FEMA before
30 McConnell, How to Win the Cyber-War.                        42 See Peter Svensson, Iowa 911 Call Center Becomes                the Committee on Transportation and Infrastructure,
31 Steven Chabinsky, Deputy Ass’t Director-Cyber                  First to Accept Texts, abc newS, Aug. 5, 2009, http://          Subcommittee on Economic Development, Public
   Division, Fed. Bureau of Investigation (FBI),         .                Buildings and Emergency Management, U.S.
   Testimony before the U.S. Senate Judiciary Committee,       43 Real-Time Text is a feature that allows users to see text       House of Representatives (Sept. 30, 2009), http://
   Subcommittee on Terrorism and Homeland Security                as it is typed into a text interface.                 
   (Nov. 17, 2009). The FBI considers the cyber threat         44 NENA Comments in re NBP PN #8, filed Nov. 12, 2009,             TestimonyEDPB/2009-09-30-Penn.pdf.
   against the nation to be “one of the greatest concerns of      at 18–20.                                                    52 See Radio World, EAS Trigger Saved Lives in Samoa
   the 21st century.” Id.                                      45 See NENA Comments in re NBP PN #8, filed Nov. 12,               Tsunami (Sept. 20, 2009), http://www.radioworld.
32 verizon buSineSS, 2008 Data breacH inveStigationS              2009, at 18–20.                                                 com/article/87954; Bill Hoffman, Lucky To Be Alive
   report 2–3 (2008), available at http://www.                 46 See Wireless E911 Location Accuracy Requirements;               After Tsunami Destroys Dream Resort, new zealanD                        Revision of the Commission’s Rules to Ensure                    HeralD, Oct. 1, 2009, available at http://www.
   databreachreport.pdf.                                          Compatibility with Enhanced 911 Emergency Calling     
33 The Commission will have to allocate funding to obtain         Systems; 911 Requirements for IP-Enabled Service                id=500605&objectid=10600668.
   a vendor to develop audit criteria and to accredit third-      Providers, PS Docket No. 07-114, CC Docket No. 94-102,
   party certification bodies. Congress should consider           WC Docket No. 05-196, Notice of Proposed Rulemaking,
   public funding for the FCC in its next budget and on an        22 FCC Rcd 10609 (2007).
   ongoing basis as required.

                                                  Federal communications commission | national br oadb and pl an                                                                        329

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